Federal Register of Legislation - Australian Government

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LIN 22/019 Arrangements as amended, taking into account amendments up to Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023
Administered by: Home Affairs
Registered 08 May 2023
Start Date 04 Mar 2023

Title: Federal government crest - Description: Commonwealth coat of arms

LIN 22/019

Compilation no. 1

 

Compilation date 4 March 2023

 

This compilation was prepared by the Department of Home Affairs on 15 February 2023 taking into account amendments up to Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023.


1          Name

                 This instrument is the Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022.

3          Definitions

                 In this instrument:

ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au

written notice means an email from the Department inviting a person to make an application using a form and in a manner other than an Internet form through ImmiAccount. 

4          Making an application for a Special Eligibility (Class CB) visa

                 For subitem 1118A(1) and paragraph 1118A(3)(a) of Schedule 1 to the Regulations an application for a Special Eligibility (Class CB) visa must be made using form 47SV and be posted with sufficient prepaid postage to:

Subclass 151 Visa Application

Department of Home Affairs

GPO Box 9984

Sydney NSW 2001

Australia.

5          Making an application for a Return (Residence) (Class BB) visa

        (1)     For subitem 1128(1) and paragraph 1128(3)(a) of Schedule 1 to the Regulations an application for a Return (Residence) (Class BB) visa must be made using form 1085E through ImmiAccount.

        (2)     If the application cannot be made in accordance with subsection (1), it may be made using form 1085 by sending it to residentsreturn@homeaffairs.gov.au if:

(a)   the Department has given a written notice inviting the person to make the visa application using form 1085; and

(b)   the written notice is attached to the application; and

(c)   the application is received by the Department by 11:59pm (AEST or AEDST as applicable in the place where the email is received), two calendar days after the Department sends the written notice. 

6          Making an application for a Resident Return (Temporary) (Class TP) visa

        (1)     For subitem 1216(1) and paragraph 1216(3)(a) of Schedule 1 to the Regulations, an application for a Resident Return (Temporary) (Class TP) visa must be made:

(a)   using form 1085; and

(b)   at a diplomatic, consular or immigration office maintained by or on behalf of the Commonwealth of Australia.

        (2)     For subitem 1216(1) and paragraph 1216(3B)(a) of Schedule 1 to the Regulations, an application for a Resident Return (Temporary) (Class TP) visa must be made using form 1085 and be posted with sufficient prepaid postage to:

Resident Return Visa Application

Department of Home Affairs

GPO Box 9984

Sydney NSW 2001.

 


 

Notes

This compilation comprises Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 amended as indicated in the following tables.

Table of instruments

Name

Registration

Number

Commencement

Application, saving or transitional provisions

Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022

1 April 2022

F2022L00490

2 April 2022

 

Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023

03 March 2023

F2023L00195

04 March 2023

 

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

s 2......................................

rep. Legislation Act 2003, s. 48D [auto repeal of commencement provision]

s 4......................................

rs. F2023L00195

s 7......................................

rep. Legislation Act 2003, s. 48C [auto repeal of repeal provision]